Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

I live in Ohio and have had custody of my 5 grandchildren for

7 years because of my...
I live in Ohio and have had custody of my 5 grandchildren for 7 years because of my daughters drug addictions. She is now sober and in college. Does she have a strong case in getting custody of these children after being gone for so many years? How strong is her case if she is sober and employed?
Show More
Show Less
Ask Your Own Family Law Question
Answered in 1 minute by:
3/1/2010
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 19,845
Experience: B.A.; M.B.A.; J.D.
Verified
Do you have legal custody of the children or did she just leave the kids with you voluntarily?
Ask Your Own Family Law Question
Customer reply replied 7 years ago
I have legal custody of the children. The three youngest children I have had custody of since birth. One of the children she got up and walked out of the hospital abandoning her 1 hour after giving birth
Customer reply replied 7 years ago
Attorney Phillips, are you still working on the answer to my question? I received a notice that you had responded but I do not see a response.

Thank you for the additional information.

Your questions: I live in Ohio and have had custody of my 5 grandchildren for 7 years because of my daughters drug addictions. She is now sober and in college. Does she have a strong case in getting custody of these children after being gone for so many years?

Response 1: Generally, the Court would give second chance to a mother to reunite with her children after the mother has gotten her acts together. However, the Court must be persuaded that there is no likelihood that the mother would go back to her bad self and jeopardize the welfare of the children. The Court would make decision about returning custody to the mother based on what is in the best interests of the children by looking at the living arrangement of the mother, her lifestyle, her association, parenting skills, and education opportunity for the children, etc. If the Court finds that it would be in the best interests of the child for the mother to have custody, the Court would rule in her favor. Otherwise, things would remain status quo and you would retain custody.

How strong is her case if she is sober and employed?

Response 2: Not a very strong case in my opinion. Even if she is now sober and employed, the fact that she is also in college may not bode well for her. The issue would then center on how she would be able to care for the children when she is at work and also going to school. Would the pressure be too much for her? Would should walk out on the children again just like she did when she gave birth? Also, the fact that she does not really have any connections with these children do not bode well for her chances. You have had these kids for seven years now and three of them since birth. The most she can hope for in this instance would be reasonable visitation with the kids. It is more than likely that custody would remain with you based on your narrative here.

Ask Your Own Family Law Question

Thank you for the additional information.

Your questions: I live in Ohio and have had custody of my 5 grandchildren for 7 years because of my daughters drug addictions. She is now sober and in college. Does she have a strong case in getting custody of these children after being gone for so many years?

Response 1: Generally, the Court would give second chance to a mother to reunite with her children after the mother has gotten her acts together. However, the Court must be persuaded that there is no likelihood that the mother would go back to her bad self and jeopardize the welfare of the children. The Court would make decision about returning custody to the mother based on what is in the best interests of the children by looking at the living arrangement of the mother, her lifestyle, her association, parenting skills, and education opportunity for the children, etc. If the Court finds that it would be in the best interests of the child for the mother to have custody, the Court would rule in her favor. Otherwise, things would remain status quo and you would retain custody.

How strong is her case if she is sober and employed?

Response 2: Not a very strong case in my opinion. Even if she is now sober and employed, the fact that she is also in college may not bode well for her. The issue would then center on how she would be able to care for the children when she is at work and also going to school. Would the pressure be too much for her? Would should walk out on the children again just like she did when she gave birth? Also, the fact that she does not really have any connections with these children do not bode well for her chances. You have had these kids for seven years now and three of them since birth. The most she can hope for in this instance would be reasonable visitation with the kids. It is more than likely that custody would remain with you based on your narrative here.

Ask Your Own Family Law Question
Customer reply replied 7 years ago
Thank you so much for your answer. It has always been my prayers that my daughter clean her act up and get sober, but I have had these children for so long they are now more "my children" than grandchildren. Her retaining custody in court would be devasting to not only me but the children as well. Does the fact that she has never paid a single dime in child support ever count against her, as well as the fact that only in the past three months she has started to have telephone contact with them. Before that the kids were lucky to only hear from 2 maybe 3 times a year?
Thank you so much for your answer. It has always been my prayers that my daughter clean her act up and get sober, but I have had these children for so long they are now more "my children" than grandchildren. Her retaining custody in court would be devasting to not only me but the children as well. Does the fact that she has never paid a single dime in child support ever count against her,

Response 1: Not really. Child support and custody are two different things. The children do not have anything to do with their mother not paying to care for them and should not be prevented from making contact or establishing a relationship with their mother because of it.

as well as the fact that only in the past three months she has started to have telephone contact with them. Before that the kids were lucky to only hear from 2 maybe 3 times a year?


Response 2: Yes, this would definitely count against her because it shows how interested that she has been in the children--it shows how little interest she has had in the children.

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 19,845
Experience: B.A.; M.B.A.; J.D.
Verified
Phillips Esq. and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 19,845
19,845 Satisfied Customers
Experience: B.A.; M.B.A.; J.D.

Phillips Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,844 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

P. Simmons

P. Simmons

Lawyer

3,360 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,346 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,754 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
If a parent does not pay child support and is behind over
If a parent does not pay child support and is behind over $2500, do they still get visitation rights? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,959 satisfied customers
This is about a child support modification that was
This is about a child support modification that was initiated by another party. The other party asked to transfer the case to a different county in Texas, I e-filed what I titled Custodial Parent's re… read more
Ray
Ray
Lawyer
Doctoral Degree
30,244 satisfied customers
Need help attaching a current child support order into a
need help attaching a current child support order into a divorce … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,198 satisfied customers
Florida child support question. Florida. It's regarding
It's regarding payment continueing after child has turned 18 and has already graduated.… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I was paying child support for 2 of my children, and the
I was paying child support for 2 of my children, and the mother and I got back together and lived together for a year before deciding that it wouldn't work. She took me off of child support as I was t… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,959 satisfied customers
In an attempt to get mandated child support, father states
In an attempt to get mandated child support, father states if mother goes through with it he will file for custody and site mother's misdemeanor drug charge from several years ago, during a phone conv… read more
Phillips Esq.
Phillips Esq.
Attorney-at-Law
19,845 satisfied customers
My son owes $25,000 in back child support, the mother has
My son owes $25,000 in back child support, the mother has never had anything to do with the kids, the Court has stopped his payments but how does he clear the money owed, he has had sole custody for 1… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,451 satisfied customers
Do grandparents have visitation rights the mother and her
Do grandparents have visitation rights the mother and her daughter lived with us for 4 years and also the 3 year old who is our biological? … read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
416 satisfied customers
The mother of my children took me off child support when i
The mother of my children took me off child support when i living with her. I moved out to find a better job and so that i could be closer to my job. I want to know if it permanent. … read more
LegalGems
LegalGems
Juris Doctorate
10,196 satisfied customers
In Texas, can child support be deducted from an inheritance
In Texas, can child support be deducted from an inheritance by the non-custodial parent who pays child support at present… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,669 satisfied customers
Was just wondering the specifics of visitation at mothers
Was just wondering the specifics of visitation at mothers discretion … read more
FamilyAttorney
FamilyAttorney
Appellate attorney & former trial lawyer
JD
1,446 satisfied customers
Does a gran mother have the right for visitation with gran
Does a gran mother have the right for visitation with gran sons? … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,754 satisfied customers
Does child support have to be paid in Colorado if there is
Does child support have to be paid in Colorado if there is no court order, parenting plan in place, and the custodial parent is refusing to allow visitation even though there is a visitation order in … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,088 satisfied customers
Document drafting for child support agreement proposal with
Document drafting for child support agreement proposal with protective order which states that the individual will not disparage or defame the other party. I can provide details.My husband fathered a … read more
Ray
Ray
Lawyer
Doctoral Degree
30,244 satisfied customers
My question is about child support case,and visitation; my
My question is about child support case,and visitation; my daughters dad never keeps her for his visitation never takes her for 30 days in July and doesn't do any of his financial obligations. I do ge… read more
Ray
Ray
Lawyer
Doctoral Degree
30,244 satisfied customers
Child support, il, searching, contacted for child support.
child support JA: Because family law varies from place to place, can you tell me what state this is in? Customer: il JA: Have you talked to a lawyer yet? Customer: searching JA: Anything else you want… read more
Phillips Esq.
Phillips Esq.
Attorney-at-Law
19,845 satisfied customers
Can Georgia state child support withhold child support from
Can Georgia state child support withhold child support from a parent for any reason? This is regarding the father's tax return money....my daughter says they're holding it. They also will not tell her… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,844 satisfied customers
My child is 19 and mother never asked for child support. is
my child is 19 and mother never asked for child support. is it too late? … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,754 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x